D. W. Hicks v. Kenneth C. Matthews

Respondent, Kenneth C. Matthews, brought this suit against petitioner, D. W. Hicks, an officer of the State Highway Patrol, for actual and exemplary damages for an alleged illegal arrest and false imprisonment and for the alleged failure of the petitioner to accord him his legal right to be taken before a magistrate immediately after his arrest. In the trial court, judgment was rendered against petitioner for $10,000 as actual damages and $5,000 as exemplary damages. Upon appeal the honorable Court of Civil Appeals found that the amount awarded as actual damages was excessive to the extent of $9,500 and that the amount awarded as exemplary damages was excessive to the extent of $4,500. A remittitur of those amounts having been filed, the judgment of the trial court was reformed and, as reformed, was affirmed. 261 S.W.2d 207.